Section 42. The NBTC shall have the powers to prescribe license fees under
Section 41 by dividing into spectrum license fees and business license fees which shall be
paid when the license has been granted. Payment shall be made yearly at an appropriate
rate for the type of license in accordance with the Broadcasting Business Act , except for
the spectrum license fees for business operation. The sum of money received from
auctions under Section 41 paragraph six shall be deemed as spectrum license fees which
must be paid upon having been licensed and remitted to the Fund under Section 52.
The license fees under paragraph one to be paid yearly shall be prescribed by the
NBTC with due consideration given to the regulatory costs for spectrum utilization and
business operations effectively at a gross rate of not more than two percent of income
before deducting licensees’expenditure. The fees shall be remitted to the Office of the
NBTC as its revenues.
Agencies exempted from complying with Broadcasting Business Act, either in
whole or in part, shall pay the fees according to paragraph one. The NBTC shall reduce
such fee as it deems appropriate with due regard to the agencies’ objectives.
Section 43. A radio frequency license for sound broadcasting and television
broadcasting services is the exclusive rights of the licensee and not transferable.
The licensee who has been authorized to use spectrum for sound broadcasting or
television broadcasting business operation shall carry out by himself or herself. Business
management either in whole or in part shall not be rendered or permitted to other to act
on his/her behalf. But allocating the time slot to other person to run the programme shall
be allowed in accordance with the criteria and procedures prescribed by the NBTC.
Section 44. The licensee who has been authorized to use spectrum for sound
broadcasting or television broadcasting business operation has not carried out the
business by using such spectrum within the limited time specified by the NBTC, or has
used such spectrum in other service not relating to its objectives, or fails to comply with
the business operation conditions, or conducts prohibitive acts as specified in Section 27
(11) and (17), or fails to comply with the provision of Section 43, the NBTC shall take an
action to rectify the situation or issue an order to revoke the spectrum license in whole or
in part.
Part 4
Telecommunications Regulation
Section 45. Any person who wishes to use spectrum for the purpose of
telecommunications business operation shall obtain a license under this Act by means of
spectrum auctions in accordance with the criteria, procedures, duration, and conditions as
prescribed by the NBTC. The provision of Section 41 paragraph four and paragraph